10. Criminal law.

Question 1

T/F: In order to be protected as a whistleblower by the Public Interest Disclosure Act (1998) a person needs to be an ‘employee.’

Answer 1

FALSE

The act applies to workers generally.

Question 2

T/F: A person must be a minimum of 16 years old in order to be afforded protection under the Public Interest Disclosure Act (2010).

Answer 2

FALSE

Question 3

T/F: A worker must have at least one year’s continuous service with their employer in order to be afforded protection under the Public Interest Disclosure Act (2010).

Answer 3

FALSE

Question 4

T/F: A person must be able to prove any wrongdoing about which they wish to make a protected disclosure under whistleblowing legislation.

Answer 4

FALSE

They need only have a reasonable belief that the wrongdoing exists.

Question 5

T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be a qualifying one.

Answer 5

TRUE

Question 6

T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be made with a reasonable belief in its truth.

Answer 6

TRUE

Question 7

T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be supported by documentary evidence.

Answer 7

FALSE

documentary evidence is not required, althoug some grounds for the ‘reasonable belief’ will be required by any court.

Question 8

T/F: In order to be afforded protection under the Public Interest Disclosure Act (2010) a disclosure must be made to an appropriate person or recognised regulatory body.

Answer 8

TRUE

Question 9

T/F: The likely commission of a criminal offence is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 9

TRUE

Question 10

T/F: Negligent behaviour by an employer is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 10

TRUE

a duty of care is a legal obligation

Question 11

T/F: Environmental damage is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 11

TRUE

Question 12

T/F: A cover up is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 12

TRUE

Question 13

T/F: The exsitence of unsafe working practices is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 13

TRUE

Question 14

T/F: A miscarriage of justice is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 14

TRUE

Question 15

T/F: An unsubstantiated rumour is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 15

FALSE

see Bill v D. Morgan (2000)

Question 16

T/F: Unethical, though legal behaviour is a protected disclosure under the Public Interest Disclosure Act (2010).

Answer 16

FALSE

see Goode v Marks and Spencer PLC (2010)

Question 17

T/F: In order to be protected under whistleblowing legislation, it is sufficient that a worker making a disclosure to an appropriate regulatory body holds a reasonable belief that the information they are disclosing is correct.

Answer 17

TRUE

Question 18

In order to be protected under whistleblowing legislation, it is sufficient that a worker making a disclosure to an appropriate regulatory body holds a … that the information they are disclosing is correct.

Answer 18

reasonable belief

Question 19

T/F: In order for a disclosure to be ‘qualifying’ it must be made in good faith.

Answer 19

FALSE

The requirement is now that such disclosure is ‘in the public interest.’

Question 20

T/F: In order for a disclosure to be ‘qualifying’ it must be made in the public interest.

Answer 20

TRUE

Question 21

In order for a disclosure to be ‘qualifying’ it must be made in …

Answer 21

the public interest.

Question 22

A whistleblower making a disclosure deemed not to be made in good faith may see any compensation reduced by up to …

Answer 22

25%

Question 23

A whistleblower making a disclosure deemed not to be made in … may see any compensation reduced by up to 25%.

Answer 23

good faith

Question 24

T/F: A protected disclosure under whistleblowing legislation MUST be raised internally in the first instance.

Answer 24

FALSE

Minister of the Crown, Prescribed Regulator, Legal Advisor, e.t.c.

Question 25

A worker making a qualifying disclosure under whistleblowing legislation is afforded statutory protection from any ‘…’ as a result of that disclosure.

Answer 25

detriment

Question 26

T/F: A ‘wider’ disclosure, even directly to the police, is NEVER protected if made for the motives of personal gain.

Answer 26

TRUE

Question 27

T/F: A ‘wider’ disclosure is only possible if the matter has previously been raised internally or with a prescribed regulator e.t.c.

Answer 27

FALSE

If the invidual fears victimisation or a cover up then wider disclosure is permitted.

Question 28

The two main situations in which a ‘wider’ disclosure can be made without an issue being raised internally or with a prescribed regulator.

Answer 28

• fear of victimisation

- fear of a cover up

Question 29

A ‘wider’ disclosure must be RITC* and NFPG.

Answer 29

reasonable in the circumstances

Question 30

A ‘wider’ disclosure must be RITC and NFPG*.

Answer 30

not for personal gain

Question 31

T/F: The Fraud Act requires a person to actually make a gain in order to be guilty of an offence.

Answer 31

FALSE

They need only intend to make a gain or expose another to loss or the risk of loss.

Question 32

T/F: A company director found guilty of fraudulent trading is automatically disqualified from company directorship.

Answer 32

FALSE

although it is highly likely, there is no automatic disqualification under statute.

Question 33

The three specified ways in which the statutory offence of Fraud may be committed.

Answer 33

Fraud by false representation.
Fraud by failure to disclose information.
Fraud by abuse of position.

Question 34

T/F: A qualifying disclosure under the PIDA may relate to the behaviour of someone other than the discloser’s employer.

Answer 34

TRUE

It could be a third party, for example a co worker or ther employer’s wife.

Question 35

The Public Interest Disclosure Act (1998) affords protection to …

Answer 35

employees.

Question 36

To offer protection, a disclosure under the PIDA must be made …

Answer 36

in the public interest.

Question 37

The maximum penalty for Fraud is …

Answer 37

up to 10 year’s imprisonment and an unlimited fine

Question 38

T/F: Criminal fraudulent trading can only be committed by a company director.

Answer 38

FALSE

Anyone who is knowingly a party to it may be found guilty.

Question 39

T/F: The criminal offence of fraudulent trading requires a company to be in liquidation.

Answer 39

FALSE

Question 40

Fraudulent trading usually requires a …

Answer 40

positive act.

Question 41

Dealing in securities while in possession of inside information as an insider, the securities being price-affected by the information.

Answer 41

Insider dealing.

Question 42

Insider dealing.

Answer 42

Dealing in securities while in possession of inside information as an insider, the securities being price-affected by the information.

Question 43

The maximum penalty for Insider Dealing is …

Answer 43

up to 7 year’s imprisonment and an unlimited fine

Question 44

Offences under insider dealing legislation: ID*, EATD, DI

Answer 44

insider dealing

Question 45

Offences under insider dealing legislation: ID, EATD*, DI

Answer 45

encouraging another to deal

Question 46

Offences under insider dealing legislation: ID, EATD, DI*

Answer 46

disclosing information